Could an Army officer in uniform wear a sidearm in public without getting a permit?

Well? Can a military man travel armed in the civilian world without needing state and local carry permits if he is on military business.

Yep.

In Virginia, for example, the Code of Virginia (§ 18.2-308 ©(6)) exempts from the regulations regarding the carrying of a concealed weapon any person authorized to carry weapons by federal law while engaged in the performance of their duties.

Note that any person otherwise permitted to possess a firearm (that is, no felons, persons under order of protection, etc.) may legally carry it on their person without any special permit in Virginia. If you wish to carry it on your person in such a way that it is concealed from common observation, you must acquire a permit.

  • Rick

On military business, yes, if it’s part of his uniform. However, if it’s not part of his uniform, no. So Airman can’t wear his sidearm off-post because a sidearm isn’t part of his normal uniform, although it occasionally might be required for him to carry one.

And it doesn’t work the other way. For example, Airman can’t bring his civilian pistol onto a military base even though he has a permit. He can’t even carry ammo in the trunk of his car.

Robin

Similar to Virginia, Section 265.20 of the New York Penal Law exempts from weapons possession laws:

I would imagine that all US states have similar exemptions, and even if not, the federal supremacy clause of the US Constitution would protect anyone entitled to carry a weapon under federal law from prosecution under a state statute.

In WA, the state is pretty lenient when it comes to passing out concealed carry permits to military personnel. If you can fill out the form, it’s yours.

In every state that I’m aware of, military personnel are exempt from licensing requirements or prohibitions relating to weapons while performing official duties, regardless of where they go. However, all of the statutes I’m familiar with say ‘only while on official duties’, so if a soldier decides to wander around NYC with his own gun he can get arrested for it if he doesn’t have appropriate permits.

it is a Consitutional issue. The States cannot regulate Federal folks doing Federal Stuff. I often had to carry a gun off-base. Nobody ever gave me any trouble.

For example Military vehicles don’t have state registrations. In Canada however THEIR tanks gotta have plates. Very funny sight.

From the California Penal Code:

Similar exceptions apply to the police and some others.

Why would he want to? After the Army phased out the Sam Browne belt in 1941, sidearms really lost their value as fashion accessories.

Oh - so he or she could maintain combat readiness. But until enough foreign-based terrorists acts are committed on US soil to justify the shift, the trend of keeping the police and the military seperate will probably continue.

Well when escorting some military equipment off-base, when acting as a guard.

In Ohio anyone can “open carry” while on foot, as long as it 's not forbidden by local (city) laws.

I live in Virginia. So why don’t I see dozens of guys every day carrying around a pistol in a holster? You would think the NRA guys would want to push the envelope as far as the law allows.

Actually, our tanks have plates because the Canadian Forces choses to do so; they have nothing to do with civilian license plates. Military plates have only the word “Canada” on them, whereas civilian plates have the name of the province that issued them.

Perhaps the MPs just want to be able to figure out who the bozo that almost ran over PT class is.

Feel free to change “choses” to “chooses” and “ran over PT class” to “ran over the PT class.”

Sigh. :rolleyes:

I have no doubt the “NRA guys” are pushing the envelope as far as the law allows - which is why they have all obtained permits and are carrying concealed weapons.

  • Rick

What Paul in Saudi said. Even if the states didn’t have statutes authorizing federal personel to carry their weapons, they would still be authorized under the supremacy clause. The state statutes sort of serve as “reminders”.

There was a hypo on one of my Emanuel flash cards (yes, I know) saying that a U.S. mail jeep couldn’t be arrested for speeding, because states can’t regulate federal property. Wonder if you’d be able to convince the municipal court judge of that.

You know, that is true in a lot of places but the local police will make your life miserable because MOST people don’t know the law and the 911 operators would get blown out of the water with calls. It is just easier to hassle you into not doing it than to try to educate the populous…

:: something about having the right VS being right in the doing::::::

I have been stopped for speeding in my mail truck(LLV).The cop said "Do you know how fast you just drove thru a school zone?"When i replied it was August and the school wasn’t open he said I was lucky it was the end of his shift and drove away.A friend of mine driving a USAF truck to Fort Drum in NY did get pulled over by a NY state cop and got a speeding ticket,he had to pay it ,too.

Because it puts you at a tactical disadvantage. If your sidearm is visible, a bad guy might either try to disarm you or just shoot you first before holding up the store you’re in or whatever. It also eliminates any element of suprise you might otherwise have.

Also, carrying concealed keeps drunks and other jerks from trying to provoke you.